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What are the Ethics of using Per Diem Attorneys

Welcome to Instant Per Diem Attorneys’ Ethics page.
We’ve complied a helpful list of ethical guidelines applicable for per diem attorneys and appearance attorneys in various states to answer any questions you may have.
There are certain ethical duties and responsibilities imputed to the attorney of record (the law firm) and certain duties and responsibilities imputed to the per diem attorney & appearance attorney (freelancers).
This material is for informational purposes only …
Table of Contents
Ethics of Using Per Diem Lawyers in New York
In New York, the ethical use of per diem attorneys—temporary lawyers hired to handle specific tasks or make court appearances—is governed by several guidelines to maintain professional integrity and client protection.
Client Confidentiality: Per diem attorneys must maintain the same level of client confidentiality as permanent attorneys, ensuring that no client information is disclosed without proper authorization.
Conflict of Interest: Per diem attorneys must avoid conflicts of interest and not represent clients if their responsibilities to another client, a former client, or their own interests might impair their ability to represent the client effectively.
Competence: Per diem attorneys must possess the necessary legal knowledge, skills, thoroughness, and preparation required for the representation.
Client Communication: The attorney of record is responsible for informing clients about the use of per diem attorneys. Clients should know who is representing them and approve the arrangement if the per diem attorney is providing significant representation.
Fee Arrangements: Fees associated with hiring a per diem attorney should be clear, transparent, reasonable, and disclosed to the client in advance.
These guidelines help ensure that per diem attorneys in New York practice ethically, thereby protecting clients and maintaining the integrity of the legal profession.
See, New York State Bar Association Committee on Professional Ethics, Opinion 715 (1999). Available at: NYSBA Ethics Opinions
Ethics of Using Per Diem Lawyers in New Jersey
In New Jersey, the use of per diem attorneys is also subject to strict ethical guidelines outlined by the New Jersey Advisory Committee on Professional Ethics.
Confidentiality and Conflicts of Interest: Per diem attorneys must comply with RPC 1.6, which mandates client confidentiality, and RPC 1.7, 1.8, and 1.9, which deal with conflicts of interest. Firms must shield per diem attorneys from information about other clients and maintain accurate records of the clients and matters they handle to prevent conflicts and maintain confidentiality.
Client Notification: The necessity to inform clients about the use of per diem attorneys depends on the level of supervision. Disclosure is required if the per diem attorney works independently without close supervision, but not necessarily if they work under close supervision.
Fee Splitting: Paying a placement fee to an agency for placing a per diem lawyer is permissible under RPC 5.4, provided the agency does not interfere with the lawyer’s independent professional judgment and the total fee charged to the client is reasonable.
By adhering to these ethical guidelines, the use of per diem attorneys in New Jersey ensures client protection and maintains professional standards.
See, New Jersey Advisory Committee on Professional Ethics, Opinion 632 (1989). Available at: Rutgers Law Library
Ethics of Using Per Diem Lawyers in California
In California, the use of appearance attorneys—lawyers hired to make court appearances on behalf of another attorney—is governed by the California Rules of Professional Conduct and relevant state bar opinions.
Client Confidentiality: Appearance attorneys must uphold strict client confidentiality as mandated by the California Rules of Professional Conduct Rule 1.6.
Conflict of Interest: California’s Rule 1.7 requires appearance attorneys to avoid conflicts of interest. They must ensure that representing one client does not adversely affect their representation of another client.
Competence: Under Rule 1.1, appearance attorneys must demonstrate the necessary legal knowledge and skill for the tasks they are hired to perform.
Client Communication and Consent: The attorney of record must inform clients about the use of appearance attorneys and obtain their consent if the appearance attorney is performing significant aspects of the case.
Fee Arrangements: Fee arrangements for using appearance attorneys must be transparent, reasonable, and fully disclosed to the client as per Rule 1.5. These obligations are the responsibility of the attorney of record.
By following these rules, appearance attorneys in California can provide ethical and effective representation.
See, State Bar of California, Formal Opinion No. 1987-91. Available at: California State Bar Ethics Opinions
Ethics of Using Per Diem Lawyers in Florida
In Florida, the use of appearance attorneys is regulated by the Florida Bar and guided by ethical opinions and the Rules of Professional Conduct.
Client Confidentiality: Appearance attorneys in Florida must adhere to Rule 4-1.6, ensuring that all client information remains confidential.
Conflict of Interest: According to Rule 4-1.7, appearance attorneys must avoid conflicts of interest and not represent clients if there is a significant risk that their duties to another client might impair their ability to represent the client effectively.
Competence: Under Rule 4-1.1, appearance attorneys must possess the necessary competence to handle the legal matters for which they are hired.
Client Communication and Consent: The attorney of record must disclose the use of appearance attorneys to clients and obtain their consent when the appearance attorney performs substantial legal tasks.
Fee Arrangements: Fees related to the use of appearance attorneys must be clear, reasonable, and disclosed to the client, as required by Rule 4-1.5.
These guidelines ensure that the use of appearance attorneys in Florida is ethical and maintains the professional standards of the legal profession.
See, The Florida Bar, Ethics Opinion 88-12 (1988). Available at: The Florida Bar Ethics Opinions
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